Case ID:182364

Benson Ouma Oluga v Yes Sacco Society Limited [2021] eKLR

Case Metadata

Case Number:

Tribunal Case 178 of 2020

Parties:

Benson Ouma Oluga v Yes Sacco Society Limited

Date Delivered:

02 Sep 2021

Case Class:

Civil

Court:

Cooperative Tribunal

Case Action:

Judgment

Judge(s):

HON. B. KIMEMIA CHAIRPERSON

Citation:

Benson Ouma Oluga v Yes Sacco Society Limited [2021] eKLR

Advocates:

Mbuthia Advocate for Respondent

Mwanzia Advocate for Claimant

Court Division:

Tribunal

Parties Profile:

Individual/Private Body/Association v Individual/Private Body/Association

County:

Nairobi

Advocates:

Mbuthia Advocate for Respondent

Mwanzia Advocate for Claimant

History Advocates:

Both Parties Represented

Case Outcome:

Suit awarded

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO.178 OF 2020

BENSON OUMA OLUGA.............................................................................CLAIMANT

VERSUS

YES SACCO SOCIETY LIMITED.......................................................RESPONDENT

JUDGMENT

The Claimant’s claim as per so claim dated

4.3.2020

filed on

14.7.2020

seeking a refund of

Kshs. 180,055/=

being savings/monthly contributions plus costs and interest in the suit.

The Respondent filed a Defence on

26.8.2020

which indicated that the Claimant’s savings were

Kshs.165,055/=

since

Kshs. 15000/=

was the Share Capital which is not refundable.

The matter was ordered on

11.6.2021

to be dispensed with by way of written submissions since this is a claim for refund of savings and there were no attaching liabilities in the form of loans or guarantorship as confirmed by the Respondent’s Advocate. The Respondent had not complied to the order of

11.6.2021

when the matter came up for mention on

5.7.2021.

The Claimant filed their written submissions on

2.7.2021.

We have carefully considered the documents on record, the pleadings and the Written Submissions. The Respondent admitted

Kshs.165,055/-

and disputed

Kshs.15000/=

as non- refundable constituting the Share Capital. We note that the nature of Co-operative Societies, there are some funds, that is, the

Share Capital

which is non-refundable.

We therefore enter judgment for

Kshs.165,055/=

plus

costs

and

interest

in the suit from the date of filing suit.

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 2ND DAY OF SEPTEMBER, 2021.

HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021

HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 2.9.2021

MR. GITONGA KAMITI MEMBER SIGNED 2.9.2021

MR. B. AKUSALA MEMBER SIGNED 2.9.2021

TRIBUNAL CLERK R. LEWERI

Mbuthia Advocate for Respondent: Present

Mwanzia Advocate for Claimant: Present

HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021

Mbuthia Advocate for Respondent: We pray for 30 days stay of Execution

Mwanzia Advocate for Claimant: No objection

Order: 30 days stay of Execution granted.

HON. B. KIMEMIA CHAIRPERSON SIGNED 2.9.2021